Lesbian, gay, bisexual, transgender (LGBT) rights in the Netherlands rank among the most advanced in the world. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws. No more sodomy laws were enacted after the country received independence. An age of consent equal with that of heterosexual activity was put in place in 1971. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of gay and bisexual people. The changes eventually led to homosexuality's declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation in the military. The Equal Treatment Act 1994 bans discrimination on account of sexual orientation in employment, housing, public accommodations, and other areas. This was extended in 2019 to include discrimination based on gender identity, gender expression and sex characteristics. After the country began granting same-sex couples registered partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and stepchild adoption are also permitted, and lesbian couples can access IVF as well.
The Netherlands has become one of the most culturally liberal countries in the world, with recent polls indicating that more than 90% of Dutch people support same-sex marriage. Amsterdam has frequently been named one of the most LGBT-friendly cities in the world, famous for its many accommodations specifically pertaining to the LGBT community, including its many gay bars, bathhouses, hotels, and venues as well as Pink Point, which provides LGBT-friendly information and souvenirs, and the national Homomonument, which was completed in 1987 and was the first monument in the world to commemorate homosexuals who were persecuted and killed during World War II. Since February 2023, protections against discrimination on the basis of sexual orientation and disability were formally added to the Netherlands Constitution.
Law regarding same-sex sexual activity
Same-sex activity has been legal since 1811. The age of consent is set at 16 regardless of gender and sexual orientation, having been equalised in 1971.
History
Between 1730 and 1811, sodomy was considered a capital crime by the Dutch Republic, resulting in widespread panic throughout the Netherlands and the persecution of hundreds of homosexuals. After the French invaded and installed the Napoleonic Code in 1811, all laws against same-sex sexual activity between consenting adults in private were repealed. After the Dutch received independence in 1813, no new sodomy laws were enacted. The Christian-based political parties enacted Article 248bis of the Penal Code in 1911, which raised the age of consent for same-sex sexual activity to 21 whilst the age of consent for heterosexual activity remained at 16. Laws citing public indecency were also often used against homosexuals.
During World War II, the Nazis introduced Paragraph 175 into Dutch law, which prohibited any same-sex sexual activity once again. The law was repealed after the end of the war.
During the mid-20th century, society's attitude towards homosexuality, with psychiatrists and clergy beginning to view it less critically. In 1971, the age of consent for same-sex sexual activity was equalised. Article 248bis was repealed. In 1973, homosexuality was no longer treated as a mental illness, which paved the way for allowing gay people to serve in the military.